Licence Appeal Tribunal File Number: 16417/MED

An appeal under subsection 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8, (the "Act") from a decision of the Registrar of Motor Vehicles to suspend a licence under section 47(1) of the Act.

Between:

David Shaw

Appellant

and

Registrar of Motor Vehicles

Respondent

DECISION

ADJUDICATORS:

Dr. Erica Weinberg

Bruce Stanton

APPEARANCES:

For the Appellant:

David Shaw (self-represented)

For the Respondent:

Stephen Grootenboer, Agent

Heard by Teleconference:

December 5, 2024

OVERVIEW

1David Shaw (the "appellant") appeals from a decision of the Registrar of Motor Vehicles (the "Registrar" or "respondent") to suspend his driver's licence for medical reasons pursuant to subsection 47(1) of the Act.

Preliminary Issue

2The Case Conference Report and Order in relation to this proceeding required the parties to file and serve all the documents and evidence they intended to rely on for the hearing by November 29, 2024.

3The respondent filed and served a letter from the Ontario Ministry of Transportation ("MTO") Driver Medical Review Office ("DMRO") on December 2, 2024, three days after the deadline. While the self-represented appellant did not oppose the respondent relying on the late-filed document, we proactively considered whether the respondent should be permitted to do so.

4The respondent submitted that the appellant had sent multiple medical documents just a few days prior to and on November 29, 2024, leaving insufficient time to respond by the deadline.

5The respondent submitted that it customarily takes the DMRO a few days to review and issue a decision letter about these types of documents. The respondent submitted that the DMRO letter of December 2, 2024 is relevant to the issues before the hearing and should be admitted as evidence.

6We permitted the respondent to rely on the subject document, taking into consideration the factors set out in Rule 9.3 of the Licence Appeal Tribunal Rules, 2023 ("Rules") for the Tribunal to consider in determining whether to permit a document that was not filed in accordance with its orders. In this case:

a) the reasons for non-compliance are legitimate and reasonable;

b) the other party does not oppose the admission of the subject letter; and

c) the document is relevant to the issues in dispute.

7Accordingly, the DMRO letter of December 2, 2024 filed by the respondent is admitted as evidence.

ISSUE

8The issue to be determined is:

a) Whether the appellant has a medical condition that is likely to significantly interfere with his ability to drive a motor vehicle of the applicable class safely. To answer that question, we will address the following issues:

i. Does the appellant have a medical condition?

ii. If so, is his medical condition likely to significantly interfere with his ability to drive a motor vehicle of the applicable class safely?

RESULT

9We find, on a balance of probabilities, that the appellant suffers from a medical condition that is likely to significantly interfere with his ability to operate a motor vehicle of the applicable class safely. We therefore confirm the respondent's decision to suspend the appellant's driver's licence.

ANALYSIS

The circumstances leading to the licence suspension and appeal

10On the evening of September 20, 2024, the appellant experienced a sudden severe headache that, according to his girlfriend who was present at the time, resulted in vomiting and loss of consciousness for approximately three minutes.

11After regaining consciousness, the appellant chose to "sleep it off" and see if the symptoms improved. The next day he continued to experience a severe headache, presented himself to the Emergency Department at Picton Hospital and was attended to by Dr. Joshawa Elliott. Dr. Elliott completed and filed an MTO Medical Condition Report that day, September 21, 2024. The report noted, under the title of Sudden Incapacitation, that the appellant had suffered a seizure.

12Upon receipt of the Medical Condition Report, the MTO suspended the appellant's licence effective October 7, 2024, under [section 47(1)](https://www.canlii.org/en/on/laws/stat/rso-1990-c-h8/latest/rso-1990-c-h8.html#sec47